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1999

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Full-Text Articles in Law

Clash Of The Titans: Regulating The Competition Between Established And Emerging Electronic Payment Systems, Jane Kaufman Winn Dec 1999

Clash Of The Titans: Regulating The Competition Between Established And Emerging Electronic Payment Systems, Jane Kaufman Winn

Articles

This article equates the providers of traditional electronic payment services with the Titans of Greek mythology, and the providers of new electronic payment technologies with the Olympians. Professor Winn concludes, however, that unlike the Titans of Greek mythology, these modern Titans appear to be winning in their battle with the upstart Olympians. This article describes the fundamental characteristics of payment systems, reviews the applicable law, and describes the new technologies that were, until quite recently, expected to displace older electronic payment systems. Professor Winn finds that consumers and merchants, by and large, are happy with the existing regulatory structure. And, …


Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky Dec 1999

Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky

Articles

Upon the enactment of the Employee Retirement Income Security Act of 1974 ("ERISA"), few would have predicted that, a generation later, ERISA's provisions preempting state law would be front page news, a central topic of national debate about health care and its regulation. Similarly, few foresaw at the time ERISA was adopted that the United States Supreme Court would have great difficulty construing ERISA's preemption provisions. By the same token, in 1974 the contemporary revival of interest in statutory textualism lay well into the future.


Lessons From A Debacle: From Impeachment To Reform, Cass R. Sunstein Sep 1999

Lessons From A Debacle: From Impeachment To Reform, Cass R. Sunstein

Articles

No abstract provided.


The Jury And Scientific Evidence, Richard O. Lempert Sep 1999

The Jury And Scientific Evidence, Richard O. Lempert

Articles

Read court decisions and commentaries from 100, or evenfive years ago, and you will find that experts and scientific evidence were causing problems then just as they are causing problems now. I do not think that Daubert, Kumho Tire, or any change in a rule of evidence will keep expert scientific testimony from being a difficult area for the legal system. Yet we must still ask: "What are the best terms on which to deal with scientific experts, and how can weimprove the system?"


Juries, Hindsight, And Punitive Damage Awards: Failures Of A Social Science Case For Change, Richard O. Lempert Jul 1999

Juries, Hindsight, And Punitive Damage Awards: Failures Of A Social Science Case For Change, Richard O. Lempert

Articles

In their recent Arizona Law Review article entitled What Juries Can't Do Well: The Jury's Performance As a Risk Manager,' Professors Reid Hastie and W. Kip Viscusi purport to show that juries are likely to do a poor job in setting punitive damages, largely because jurors cannot avoid the influence of what is called "hindsight bias," or the tendency to see the likelihood of an event higher in retrospect than it would have appeared before it happened. In particular, they argue that hindsight bias and other cognitive biases undermine the utility of jury-set punitive damage awards as risk management devices. …


Civil Enforceability Of Religious Prenuptual Agreements, Michelle Greenberg-Kobrin Jul 1999

Civil Enforceability Of Religious Prenuptual Agreements, Michelle Greenberg-Kobrin

Articles

In the years since Perri Victor's divorce has been finalized, she has tried to move on with her life. She is raising a young daughter from that marriage and finishing up law school. Perri and Warren Victor were married in an Orthodox Jewish ceremony in Florida in 1976. They received a civil divorce in 1990. However, as an Observant Jew, Perri cannot remarry until Warren gives her a Jewish religious divorce known as a get. Since late 1987, she has been pleading with Warren to give her a get. When Warren asked her to give up a portion of her …


Regulating Doctors, Carl E. Schneider Jul 1999

Regulating Doctors, Carl E. Schneider

Articles

Alawyer today can hardly speak to a doctor--or even be treated by one-without being assailed by lawyer jokes. These jokes go well beyond good-humored badinage and pass the line into venom and gall. They reflect, I think, the sense many doctors today have that they are embattled and endangered, cruelly subject to pervasive and perverse controls. This is puzzling, almost to the point of mystery. Doctors have long been the American profession with the greatest social prestige, the greatest wealth, and the greatest control over its work. Indeed, what other profession has been as all-conquering? One may need to go …


The Case Of The Speluncean Explorers: Revisited, Frank H. Easterbrook Jun 1999

The Case Of The Speluncean Explorers: Revisited, Frank H. Easterbrook

Articles

No abstract provided.


The Case Of The Speluncean Explorers: Revisited, Cass R. Sunstein Jun 1999

The Case Of The Speluncean Explorers: Revisited, Cass R. Sunstein

Articles

No abstract provided.


Family Law In The Age Of Distrust, Carl E. Scheider Jun 1999

Family Law In The Age Of Distrust, Carl E. Scheider

Articles

I have been invited to examine the relationship between American culture and American family law at the end of the century. No doubt I was foolish to accept the invitation, since the topic can hardly be sketched, much less discussed, within the compass of even a lengthy article. On the other hand, that happy fault forces me to accept the luxury of writing a speculative essay and of eschewing the footnotes that are the misery (and majesty) of the academic lawyer. But even thus set free I am still enchained. Family law is shaped by more cultural forces than I …


The Assault That Failed: The Progressive Critique Of Laissez Faire (Reviewing Barbara H. Fried, The Progressive Assault On Laissez Faire : Robert Hale And The First Law And Economics Movement (1998)), Richard A. Epstein May 1999

The Assault That Failed: The Progressive Critique Of Laissez Faire (Reviewing Barbara H. Fried, The Progressive Assault On Laissez Faire : Robert Hale And The First Law And Economics Movement (1998)), Richard A. Epstein

Articles

No abstract provided.


Atticus Finch, In Context, Randolph N. Stone May 1999

Atticus Finch, In Context, Randolph N. Stone

Articles

No abstract provided.


Highlights Of The Fiftieth Session Of The United Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele Jan 1999

Highlights Of The Fiftieth Session Of The United Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele

Articles

fiftieth anniversary of the Universal Declaration of Human Rights.8 The Sub-Commission also considered resolutions on country situations in Afghanistan, Algeria, Bahrain, Belarus, Bhutan, the Democratic People's Republic of Korea and Mexico.9 In addition, the Sub-Commission took a new initiative by adopting a thematic resolution, focusing on the protection of human rights defenders in nine countries, including Burma, Colombia, the Democratic Republic of the Congo, Honduras, Indonesia, Nigeria, the Philippines, Tunisia, Turkey and the Federal Republic of Yugoslavia. 10 The Sub-Commission completed considerable work in the area of economic, social and cultural rights, including the Final Report on the Relationship Between …


Lenders And Land, Ann Burkhart Jan 1999

Lenders And Land, Ann Burkhart

Articles

Using land to secure loans has been a particularly durable human institution. Mortgages 1 have existed since antiquity, 2 primarily because land generally retains its value and is permanent and immovable. In societies with largely nonmonetary economies, such as feudal England, land also has been particularly valued as a source of livelihood and of power. Therefore, land has been and continues to be desirable security for loans.


The Transformation Of The Juvenile Court--Part Ii: Social Structure, Race, And The "Crack Down" On Youth Crime, Barry C. Feld Jan 1999

The Transformation Of The Juvenile Court--Part Ii: Social Structure, Race, And The "Crack Down" On Youth Crime, Barry C. Feld

Articles

Part I briefly analyzes the social history of the juvenile court and argues that the progressive reformers who created the juvenile court designed it to discriminate against "other peoples' children," a feature that carries over into contemporary juvenile justice administration. Part II analyzes the "constitutional domestication" of the juvenile court. It places the U.S. Supreme Court's juvenile court "due process" decisions in a broader social structural context and argues that the Court emphasized procedural safeguards as part of its broader agenda to protect the civil rights and liberty interests of minorities. Part III analyzes the impact of the juvenile court's …


Java And Microsoft: How Does The Antitrust Story Unfold?, Daniel J. Gifford Jan 1999

Java And Microsoft: How Does The Antitrust Story Unfold?, Daniel J. Gifford

Articles

RAPID developments in the software industry underlie both the Gov ernment's antitrust proceedings against the Microsoft Corporation 1 and the lawsuit brought by Sun Microsystems, Inc. ("Sun") against Microsoft in which Sun is asserting claims grounded in breach of contract, trademark infringement and unfair competition. 2 In October 1997, the Government challenged the Microsoft Corporation's right to bundle its internet browser (the Microsoft Internet Explorer 4.0) with its Windows 95 operating system. 3 That proceeding was brought as a request for an order to show cause why Microsoft should not be held in contempt for violating a consent decree ending …


Researching Labor Arbitration And Alternative Dispute Resolution In Employment, Suzanne Thorpe, Laura J. Cooper Jan 1999

Researching Labor Arbitration And Alternative Dispute Resolution In Employment, Suzanne Thorpe, Laura J. Cooper

Articles

What kinds of information can we expect to find when doing research in alternative dispute resolution? To the extent that ordinary issues of law arise when considering methods of alternative dispute resolution, such as whether an agreement to arbitrate is judicially enforceable or whether communications in the course of mediation enjoy an evidentiary privilege, ordinary sources of legal research remain appropriate. This research guide generally does not describe those research


The Principle Of Non-Refoulement: Article 3 Of The Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment In Comparison With The Non-Refoulement Provisions Of Other International Human Rights Treaties, David Weissbrodt, Isabel Hortreiter Jan 1999

The Principle Of Non-Refoulement: Article 3 Of The Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment In Comparison With The Non-Refoulement Provisions Of Other International Human Rights Treaties, David Weissbrodt, Isabel Hortreiter

Articles

Because of persecution, civil war, and economic despair, millions of people flee from their homes and go to live in other countries where they can stabilize their lives and find a safe place for themselves and their families. In 1998, the United Nations High Commissioner for Refugees estimated the number of people fleeing their home countries to exceed 22 million. 1 The right to seek and enjoy asylum is a well established principle in international law. 2 It has, however, been interpreted consistently as the right of the sovereign state to grant or deny asylum to those within its territory, …


The Ada In Turmoil: Judicial Dissonance, The Supreme Court's Response, And The Future Of Disability Discrimination Law, Stephen F. Befort, Holly Lindquist Thomas Jan 1999

The Ada In Turmoil: Judicial Dissonance, The Supreme Court's Response, And The Future Of Disability Discrimination Law, Stephen F. Befort, Holly Lindquist Thomas

Articles

The Americans with Disabilities Act (ADA) 1 was enacted in 1990 with considerable fanfare and support. A broad-based coalition of supporters testified in favor of the legislation before committee hearings 2 and both houses of Congress passed the legislation by wide margins. 3 President George Bush, in signing the ADA into law, described the new statute as "an historic opportunity" 4 representing "the full flowering of our democratic principles." 5


American Prisons At The Beginning Of The Twenty-First Century, Michael Tonry, Joan Petersilia Jan 1999

American Prisons At The Beginning Of The Twenty-First Century, Michael Tonry, Joan Petersilia

Articles

No abstract provided.


Federal Sentencing Can Be Made More Just, If The Sentencing Commission Wants To Make It So, Michael Tonry Jan 1999

Federal Sentencing Can Be Made More Just, If The Sentencing Commission Wants To Make It So, Michael Tonry

Articles

No abstract provided.


More Light Thoughts And Night Thoughts On The American Family, Judith T. Younger Jan 1999

More Light Thoughts And Night Thoughts On The American Family, Judith T. Younger

Articles

No abstract provided.


Mental Illness And Long-Term Disability Plans Under The Americans With Disabilities Act, Stephen F. Befort Jan 1999

Mental Illness And Long-Term Disability Plans Under The Americans With Disabilities Act, Stephen F. Befort

Articles

No abstract provided.


An Army Of Lovers?: Queering The Ministry Of Defense Report Of The Homosexual Policy Assessment Team, Bruce Carolan Jan 1999

An Army Of Lovers?: Queering The Ministry Of Defense Report Of The Homosexual Policy Assessment Team, Bruce Carolan

Articles

Certain queer theorists argue that gay men and lesbians are banned from military service in certain countries not due to a fear of otherness. Instead, they are prohibited from serving precisely because of a fear that the opposite might be true -- that introducing openly gay people into a 'homosocial' environment might destabilize accepted notions of sexuality among members of the service who presently constitute themselves as heterosexual. This article explores that idea in the context of the Report of the Homosexual Policy Assessment Team established to defend exclusion of openly gay people from military service in the United Kingdom. …


Sentencing Guidelines In Minnesota, Other States, And The Federal Courts: A Twenty-Year Retrospective, Richard Frase Jan 1999

Sentencing Guidelines In Minnesota, Other States, And The Federal Courts: A Twenty-Year Retrospective, Richard Frase

Articles

No abstract provided.


Status Signaling And The Law, With Particular Application To Sexual Harassment, Richard A. Posner, Gertrud M. Fremling Jan 1999

Status Signaling And The Law, With Particular Application To Sexual Harassment, Richard A. Posner, Gertrud M. Fremling

Articles

No abstract provided.


Tribute To Curtis J. Berger, Michael H. Schill Jan 1999

Tribute To Curtis J. Berger, Michael H. Schill

Articles

No abstract provided.


Too Young To Be Rehabilitated - Comments On Lipsey's 'Can Rehabilitative Programs Reduce The Recidivism Of Juvenile Offenders?', Emily Buss Jan 1999

Too Young To Be Rehabilitated - Comments On Lipsey's 'Can Rehabilitative Programs Reduce The Recidivism Of Juvenile Offenders?', Emily Buss

Articles

No abstract provided.


What Does Frieda Yoder Believe?, Emily Buss Jan 1999

What Does Frieda Yoder Believe?, Emily Buss

Articles

No abstract provided.


Positivism, Formalism, Realism, Brian Leiter Jan 1999

Positivism, Formalism, Realism, Brian Leiter

Articles

In Legal Positivism in American Jurisprudence, Anthony Sebok traces the historical and philosophical relationship between legal positivism and the dominant schools of American jurisprudence: Formalism, Realism, Legal Process, and Fundamental Rights. Sebok argues that formalism followed from the central tenets of Classical Positivism, and that both schools of thought were discredited-through misunderstandings-during the Realist period. Positivism's essential tenets were reasserted by Legal Process scholars, though soon thereafter misappropriated by politically conservative theorists. In the concluding chapters of the book, Sebok argues that the recent theory known as "Soft" Positivism or "Incorporationism" holds out the possibility of redeeming the liberal political …